DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
This application discloses and claims only subject matter disclosed in prior Application No. 16/582925, filed 09/25/2019, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/26/2025 is considered. The submission is in compliance with the provisions of 37 CFR 1.97.
Claim Objections
Claim 12 is objected to because of the following informalities:
Claim 12 is missing the conjunction “and” in between the last two groups of claim limitations. Applicant is advised to revise claim 12 as follows:
“…instruct the at least one device to form an alternative communication path between the modem and the service provider network; and
route the at least one data packet to the service provider network using the at least one device.”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 7, 12-16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bonnet (US 2021/0211961; hereinafter Bonnet) in view of Todd et al. (US 2012/0087343; hereinafter Todd).
Regarding claim 1, Bonnet shows a modem backup method (Figure 2 shows a method performed by the system shown in Figure 1.), comprising:
detecting a limitation of a modem to transfer at least one data packet through a link to a service provider network (Figures 1-2; Par. 0012, 0022-0027; first mobile computing device 102 monitoring a metric of a data connection with an access point further connected to a modem to access the Internet. For example, monitoring the metric of the data connection to have exceeded the threshold when the first mobile computing device 102 is no longer connected to the access point 106 and/or to the Internet through the access point 106.);
determining at least one cell phone (Figure 1; Par. 0017, 0037; the first mobile computing device 102 may include instructions executable to search for another data connection source subsequent to switching from the data connection provided through the access point 106 to a data connection provided through the mobile hotspot of the second mobile computing device 104. The second mobile computing device 104 is embodied at least as a smartphone.);
instructing the at least one cell phone to form a communication path to the service provider network (Figures 1-2; Par. 0012, 0028-0030; the first mobile computing device 102 may include instructions executable to send an instruction from the first mobile computing device 102 to a second mobile computing device 104. The instruction may be sent responsive to the determination that the metric of the data connection of the first mobile computing device 102 through the access point 106 has exceeded the threshold. The instructions may include an instruction to the second mobile computing device 104 to initiate operating as a mobile hotspot to connect to the Internet.); and
routing the at least one data packet via the at least one cell phone to the service provider network (Figures 1-2; Par. 0026, 0028-0032; the first mobile computing device 102 may include instructions executable to switch from the data connection provided through the access point 106 to a data connection provided through the mobile hotspot of the second mobile computing device. The switch may include a switch from utilizing a broadband data network wired to the access point 106 to a cellular data network wirelessly connected to the second mobile computing device 104. That is, the switch may include switching from using the access point 106 to route data from and to the first mobile computing device 102 across a broadband data network to using the second mobile computing device 104 as a router to route data from and to the first mobile computing device 102 across a cellular data network.).
Bonnet further teaches that the a wireless access point is connected to the modem (Par. 0022; access point 106 connected to a modem.).
Bonnet shows all of the elements as discussed above. Bonnet does not specifically show determining at least one cell phone communicating with a wireless access point.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Todd. Specifically, Todd shows determining at least one cell phone communicating with a wireless access point (Figures 3-4; Par. 0072; If the network support node receives an indication that any one of the mobile devices in the WLAN involved in a communication session is being handed over from the WLAN to the WWAN (tested in step 306 of FIG. 3), then the network support node causes a process for facilitating such handover for the mobile device in the following steps of the flowchart (i.e. steps 308-318).).
In view of the above, having the system of Bonnet, then given the well-established teaching of Todd, it would have been obvious before the effective filing date of the claimed invention to modify the system of Bonnet as taught by Todd, in order to provide motivation for avoiding packet loss and disconnection of applications in a network (Par. 0142 of Todd).
Regarding claim 2, modified Bonnet shows wherein the limitation comprises a communication failure between the modem and the service provider network (Bonnet: Par. 0072; the metric of the data connection may be determined to have exceeded the threshold when the data connection of the first mobile computing device 102 is lost.).
Regarding claim 7, modified Bonnet shows the limitation comprising insufficient bandwidth to transfer the at least one data packet through the link, wherein the at least one data packet is transferred via the at least one cell phone (Bonnet: Figures 1-2; Par. 0027-0032; monitoring the metric of the data connection to have exceeded the threshold when the first mobile computing device 102 is no longer connected to the access point 106 and/or to the Internet through the access point 106. The first mobile computing device 102 may include instructions executable to switch from the data connection provided through the access point 106 to a data connection provided through the mobile hotspot of the second mobile computing device. The switch may include a switch from utilizing a broadband data network wired to the access point 106 to a cellular data network wirelessly connected to the second mobile computing device 104. That is, the switch may include switching from using the access point 106 to route data from and to the first mobile computing device 102 across a broadband data network to using the second mobile computing device 104 as a router to route data from and to the first mobile computing device 102 across a cellular data network.).
Regarding claim 12, Bonnet shows an apparatus (Figures 1-2 shows a first mobile computing device 102 performing the disclosed method.) for managing communication, comprising:
a processor (Claim 8 shows first mobile computing device includes a processor.); and
memory storing non-transitory computer readable instructions that when executed by the processor cause the apparatus (Claim 8 shows first mobile computing device includes instructions stored in a non-transitory computer readable medium and executed by the processor to perform the disclosed method.) to:
detect a limitation between a modem and a service provider network to transfer at least one data packet through a link to a service provider network (Figures 1-2; Par. 0012, 0022-0027; first mobile computing device 102 monitoring a metric of a data connection with an access point further connected to a modem to access the Internet. For example, monitoring the metric of the data connection to have exceeded the threshold when the first mobile computing device 102 is no longer connected to the access point 106 and/or to the Internet through the access point 106.);
identify at least one device (Figure 1; Par. 0017, 0037; the first mobile computing device 102 may include instructions executable to search for another data connection source subsequent to switching from the data connection provided through the access point 106 to a data connection provided through the mobile hotspot of the second mobile computing device 104. The second mobile computing device 104 is embodied at least as a smartphone.);
instruct the at least one device to form an alternative communication path between the modem and the service provider network (Figures 1-2; Par. 0012, 0028-0030; the first mobile computing device 102 may include instructions executable to send an instruction from the first mobile computing device 102 to a second mobile computing device 104. The instruction may be sent responsive to the determination that the metric of the data connection of the first mobile computing device 102 through the access point 106 has exceeded the threshold. The instructions may include an instruction to the second mobile computing device 104 to initiate operating as a mobile hotspot to connect to the Internet.);
route the at least one data packet to the service provider network using the at least one device (Figures 1-2; Par. 0026, 0028-0032; the first mobile computing device 102 may include instructions executable to switch from the data connection provided through the access point 106 to a data connection provided through the mobile hotspot of the second mobile computing device. The switch may include a switch from utilizing a broadband data network wired to the access point 106 to a cellular data network wirelessly connected to the second mobile computing device 104. That is, the switch may include switching from using the access point 106 to route data from and to the first mobile computing device 102 across a broadband data network to using the second mobile computing device 104 as a router to route data from and to the first mobile computing device 102 across a cellular data network.).
Bonnet further teaches that the a wireless access point is connected to the modem (Par. 0022; access point 106 connected to a modem.).
Bonnet shows all of the elements as discussed above. Bonnet does not specifically show identifying at least one device connected to the wireless access point.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Todd. Specifically, Todd shows identifying at least one device connected to the wireless access point (Figures 3-4; Par. 0072; If the network support node receives an indication that any one of the mobile devices in the WLAN involved in a communication session is being handed over from the WLAN to the WWAN (tested in step 306 of FIG. 3), then the network support node causes a process for facilitating such handover for the mobile device in the following steps of the flowchart (i.e. steps 308-318).).
In view of the above, having the system of Bonnet, then given the well-established teaching of Todd, it would have been obvious before the effective filing date of the claimed invention to modify the system of Bonnet as taught by Todd, in order to provide motivation for avoiding packet loss and disconnection of applications in a network (Par. 0142 of Todd).
Regarding claim 13, modified Bonnet shows wherein the at least one device includes a cellular phone (Bonnet: Figure 1; Par. 0017; The second mobile computing device 104 is embodied at least as a smartphone.).
Regarding claim 14, modified Bonnet shows the apparatus being the modem (Bonnet: Par. 0015; the first mobile computing device 102 may also include hardware to facilitate a direct connection between the first mobile computing device 102 and other devices (e.g., second mobile device 104). For example, the first mobile computing device 102 may include various adapters, chipsets, radios, and/or other hardware to facilitate a Wi-Fi direct, near-field communication (NFC), Bluetooth (e.g., UHF radio waves in the 2.4 to 2.485 GHz), and/or radio-frequency identification (RFID) connection between the first mobile computing device 102 and another device.).
Regarding claim 15, modified Bonnet shows the apparatus being the wireless access point (Bonnet: Par. 0015; the first mobile computing device 102 may also include hardware to facilitate a direct connection between the first mobile computing device 102 and other devices (e.g., second mobile device 104). For example, the first mobile computing device 102 may include various adapters, chipsets, radios, and/or other hardware to facilitate a Wi-Fi direct, near-field communication (NFC), Bluetooth (e.g., UHF radio waves in the 2.4 to 2.485 GHz), and/or radio-frequency identification (RFID) connection between the first mobile computing device 102 and another device.).
Regarding claim 16, modified Bonnet shows wherein the limitation comprises a communication failure between the modem and the service provider network (Bonnet: Par. 0072; the metric of the data connection may be determined to have exceeded the threshold when the data connection of the first mobile computing device 102 is lost.).
Regarding claim 18, modified Bonnet shows the at least one device comprising a plurality of devices and the at least one packet comprising a plurality of data packets, wherein the plurality of data packets are distributed between the plurality of devices (Todd: Par. 0056; network support node 106 typically maintains communications with base station 140 of WWAN 104 in an idle mode state, where network support node 106 "camps on" a broadcast channel. When communication of voice data is taking place via network support node 106, one or more traffic channels of the wireless communication link 190 which carry the voice data are established and maintained for the communications. The wireless communication link 190 and/or the one or more traffic channels with base station 140 may be maintained continuously during operation, or triggered in response to certain network conditions (e.g. when a vertical handover for a mobile device is pending, or when any one of the mobile devices in WLAN 102 is involved in a voice call, etc.). Network support node 106 serves not one, but rather all, suitable mobile devices operating in WLAN 102 for vertical handover purposes.).
Regarding claim 20, modified Bonnet shows the limitation comprising insufficient bandwidth to transfer the at least one data packet through the link (Bonnet: Figures 1-2; Par. 0027-0032; monitoring the metric of the data connection to have exceeded the threshold when the first mobile computing device 102 is no longer connected to the access point 106 and/or to the Internet through the access point 106. The first mobile computing device 102 may include instructions executable to switch from the data connection provided through the access point 106 to a data connection provided through the mobile hotspot of the second mobile computing device. The switch may include a switch from utilizing a broadband data network wired to the access point 106 to a cellular data network wirelessly connected to the second mobile computing device 104. That is, the switch may include switching from using the access point 106 to route data from and to the first mobile computing device 102 across a broadband data network to using the second mobile computing device 104 as a router to route data from and to the first mobile computing device 102 across a cellular data network.).
Claim(s) 3, 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bonnet in view of Todd and Govindassamy et al. (US 10,531,631; hereinafter Govindassamy).
Regarding claim 3, modified Bonnet shows all of the elements except wherein the modem is a cable modem and the link is a wired link that interfaces to a cable modem termination system (CMTS).
However, the above-mentioned claim limitations are well-established in the art as evidenced by Govindassamy. Specifically, Govindassamy shows wherein the modem is a cable modem and the link is a wired link that interfaces to a cable modem termination system (CMTS) (Figure 15).
In view of the above, having the system of Bonnet, then given the well-established teaching of Govindassamy, it would have been obvious before the effective filing date of the claimed invention to modify the system of Bonnet as taught by Govindassamy, in order to provide motivation to get internet service from multiple sources of internet (col. 4, lines 9-16 of Govindassamy).
Regarding claim 6, modified Bonnet shows the at least one cell phone comprising a plurality of cell phones and the at least one packet comprising a plurality of data packets, wherein the plurality of data packets are distributed between the plurality of cell phones (Todd: Par. 0056; network support node 106 typically maintains communications with base station 140 of WWAN 104 in an idle mode state, where network support node 106 "camps on" a broadcast channel. When communication of voice data is taking place via network support node 106, one or more traffic channels of the wireless communication link 190 which carry the voice data are established and maintained for the communications. The wireless communication link 190 and/or the one or more traffic channels with base station 140 may be maintained continuously during operation, or triggered in response to certain network conditions (e.g. when a vertical handover for a mobile device is pending, or when any one of the mobile devices in WLAN 102 is involved in a voice call, etc.). Network support node 106 serves not one, but rather all, suitable mobile devices operating in WLAN 102 for vertical handover purposes.).
Regarding claim 17, this claim is rejected based on the same reasoning as presented in the rejection of claim 3.
Claim(s) 4-5 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bonnet in view of Todd, Govindassamy and Henttonen et al. (US 2017/0099611; hereinafter Henttonen).
Regarding claim 4, modified Bonnet shows all of the elements except wherein the data packet comprises an emergency communication.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Henttonen. Specifically, Henttonen shows wherein the data packet comprises an emergency communication (Par. 0026; reporting UE's WLAN behavior to the eNB, so that the eNB can take its preferred action of the LWA/LWI configuration. An operation similar to secondary cell Radio Link Failure (RLF) report may be defined for LWA/LWI use case. Where the WLAN network acts as “the secondary cell”, this kind of secondary cell RLF report is called, for example, “WLAN status report”. This message is expected to be created, encoded and transmitted over the LTE radio connection according to a future defined LTE specification. While the message itself follows e.g. a radio resource control message specification, the triggers of the message may originate in the WLAN functionality of the UE.).
In view of the above, having the system of Bonnet, then given the well-established teaching of Henttonen, it would have been obvious before the effective filing date of the claimed invention to modify the system of Bonnet as taught by Henttonen, in order to provide motivation for proper event handling of network failures (Par. 0026 of Henttonen).
Regarding claim 5, modified Bonnet shows all of the elements except sending diagnostic information of the limitation to a service provider via the at least one cell phone.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Henttonen. Specifically, Henttonen shows sending diagnostic information of the limitation to a service provider via the at least one cell phone (Par. 0026; reporting UE's WLAN behavior to the eNB, so that the eNB can take its preferred action of the LWA/LWI configuration. An operation similar to secondary cell Radio Link Failure (RLF) report may be defined for LWA/LWI use case. Where the WLAN network acts as “the secondary cell”, this kind of secondary cell RLF report is called, for example, “WLAN status report”. This message is expected to be created, encoded and transmitted over the LTE radio connection according to a future defined LTE specification. While the message itself follows e.g. a radio resource control message specification, the triggers of the message may originate in the WLAN functionality of the UE.).
In view of the above, having the system of Bonnet, then given the well-established teaching of Henttonen, it would have been obvious before the effective filing date of the claimed invention to modify the system of Bonnet as taught by Henttonen, in order to provide motivation for proper event handling of network failures (Par. 0026 of Henttonen).
Regarding claim 19, this claim is rejected based on the same reasoning as presented in the rejection of claims 4 and/or 5.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bonnet in view of Relyea (US 2011/0116444; hereinafter Relyea).
Regarding claim 8, Bonnet show a cell phone application (Figure 1 shows second computing device 102 embodied as a smart phone performing in part the disclosed method.) for modem backup, the application comprising machine-readable instructions stored in a memory of a cell phone that, when executed by a processor of the cell phone (Par. 0017; second mobile computing device 104 may include hardware and/or computer-readable instructions executable by a processing resource.), control the cell phone to:
receive an instruction to form a communication path to a service provider network of the modem (Figures 1-2; Par. 0012, 0028-0030; receiving an instruction from the first mobile computing device 102 wherein the instruction is sent responsive to the determination that the metric of the data connection of the first mobile computing device 102 through the access point 106 has exceeded the threshold. The instructions may include an instruction to the second mobile computing device 104 to initiate operating as a mobile hotspot to connect to the Internet.); and
configuring the communication path through the cell phone (Figures 1-2; Par. 0026, 0028-0032; the first mobile computing device 102 may include instructions executable to switch from the data connection provided through the access point 106 to a data connection provided through the mobile hotspot of the second mobile computing device. The switch may include a switch from utilizing a broadband data network wired to the access point 106 to a cellular data network wirelessly connected to the second mobile computing device 104. That is, the switch may include switching from using the access point 106 to route data from and to the first mobile computing device 102 across a broadband data network to using the second mobile computing device 104 as a router to route data from and to the first mobile computing device 102 across a cellular data network.).
Bonnet further teaches that the a wireless access point is connected to the modem (Par. 0022; access point 106 connected to a modem.).
Bonnet shows all of the elements as discussed above. Bonnet does not specifically show receiving, via a wireless access point connected to a modem, an instruction to form a communication path and relaying at least one data packet between the modem and the service provider network via the communication path.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Relyea. Specifically, Relyea shows receiving, via a wireless access point connected to a modem, an instruction to form a communication path (Figures 1-3; Par. 0023, 0031, 0034; each mobile device 110 receives an instruction to establish a wireless connection 112 to network 160 when necessary to provide a network service to a local device.); and
relaying at least one data packet between the modem and the service provider network via the communication path (Figures 1-3; Par. 0014-0017; established wireless connection 112 is used to relay communications from the local area network through one of the mobile devices 110 such as requests for VOIP services from telephone 150, and then provide the requested network services using one or more wireless connections 112.).
In view of the above, having the system of Bonnet, then given the well-established teaching of Relyea, it would have been obvious before the effective filing date of the claimed invention to modify the system of Bonnet as taught by Relyea, in order to provide motivation to efficiently provide bandwidth on-demand in a network (Par. 0005 of Relyea).
Claim(s) 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bonnet in view of Relyea and Hassan et al. (US 2014/0254499; hereinafter Hassan).
Regarding claim 9, modified Bonnet shows all of the elements including forming the communication path between the modem and the service provider network via the cell phone, as discussed above. Modified Bonnet does not specifically show detecting a second wireless access point in communication range of the cell phone; and connecting to the second wireless access point; and forming the communication path via the cell phone and the second wireless access point.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Hassan. Specifically, Hassan shows detecting a second wireless access point in communication range of the cell phone (Par. 0032-0037; the mobile wireless device may select, at block 216, among the community of tethering-eligible mobile wireless devices, a mobile wireless device with most suitable communication characteristics when the mobile wireless device is determined to be located in the same area (e.g., office space) as with the other mobile wireless devices and may be configured for direct D2D communication within the area.); and
connecting to the second wireless access point (Par. 0037-0039; When the mobile wireless device selects another mobile wireless device that is suitable for the task completion as discussed in reference to block 216, the mobile wireless device may provide, at block 218, a request for tethering to the selected wireless device. If the selected mobile wireless device allows tethering, the mobile wireless device may tether to the selected mobile wireless device and connect to the Internet via the tethered-to mobile wireless device for the task completion, as indicated by block 220.); and
forming the communication path via the cell phone and the second wireless access point (Par. 0037-0039; When the mobile wireless device selects another mobile wireless device that is suitable for the task completion as discussed in reference to block 216, the mobile wireless device may provide, at block 218, a request for tethering to the selected wireless device. If the selected mobile wireless device allows tethering, the mobile wireless device may tether to the selected mobile wireless device and connect to the Internet via the tethered-to mobile wireless device for the task completion, as indicated by block 220.).
In view of the above, having the system of Bonnet, then given the well-established teaching of Hassan, it would have been obvious before the effective filing date of the claimed invention to modify the system of Bonnet as taught by Hassan, in order to provide motivation to establish communication paths based on requirements in a network (Par. 0066 of Hassan).
Regarding claim 10, modified Bonnet shows all of the elements forming the communication path between the modem and the service provider network via the cell phone, as discussed above. Modified Bonnet does not specifically show detecting a second cell phone in wireless communication range of the cell phone; forming a peer-to-peer connection between the cell phone and the second cell phone; determining that the second cell phone has wireless communication connection to a second modem with an operational communication path to the service provide network; and forming the communication path via the cell phone, the second cell phone, and the second modem.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Hassan. Specifically, Hassan shows detecting a second cell phone in wireless communication range of the cell phone (Par. 0032-0037; the mobile wireless device may select, at block 216, among the community of tethering-eligible mobile wireless devices, a mobile wireless device with most suitable communication characteristics when the mobile wireless device is determined to be located in the same area (e.g., office space) as with the other mobile wireless devices and may be configured for direct D2D communication within the area.);
forming a peer-to-peer connection between the cell phone and the second cell phone (Par. 0037-0039; When the mobile wireless device selects another mobile wireless device that is suitable for the task completion as discussed in reference to block 216, the mobile wireless device may provide, at block 218, a request for tethering to the selected wireless device. If the selected mobile wireless device allows tethering, the mobile wireless device may tether to the selected mobile wireless device and connect to the Internet via the tethered-to mobile wireless device for the task completion, as indicated by block 220.);
determining that the second cell phone has wireless communication connection to a second modem with an operational communication path to the service provide network (Par. 0037-0039; When the mobile wireless device selects another mobile wireless device that is suitable for the task completion as discussed in reference to block 216, the mobile wireless device may provide, at block 218, a request for tethering to the selected wireless device. If the selected mobile wireless device allows tethering, the mobile wireless device may tether to the selected mobile wireless device and connect to the Internet via the tethered-to mobile wireless device for the task completion, as indicated by block 220.); and
forming the communication path via the cell phone, the second cell phone, and the second modem (Par. 0037-0039; When the mobile wireless device selects another mobile wireless device that is suitable for the task completion as discussed in reference to block 216, the mobile wireless device may provide, at block 218, a request for tethering to the selected wireless device. If the selected mobile wireless device allows tethering, the mobile wireless device may tether to the selected mobile wireless device and connect to the Internet via the tethered-to mobile wireless device for the task completion, as indicated by block 220.).
In view of the above, having the system of Bonnet, then given the well-established teaching of Hassan, it would have been obvious before the effective filing date of the claimed invention to modify the system of Bonnet as taught by Hassan, in order to provide motivation to establish communication paths based on requirements in a network (Par. 0066 of Hassan).
Regarding claim 11, modified Bonnet shows all of the elements forming the communication path between the modem and the service provider network via the cell phone, as discussed above. Modified Bonnet does not specifically show initiating tether operation through a cellular provider network of the cell phone; and forming the communication path via the cell phone and the cellular provider network.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Hassan. Specifically, Hassan shows initiating tether operation through a cellular provider network of the cell phone (Par. 0032-0037; the mobile wireless device may select, at block 216, among the community of tethering-eligible mobile wireless devices, a mobile wireless device with most suitable communication characteristics when the mobile wireless device is determined to be located in the same area (e.g., office space) as with the other mobile wireless devices and may be configured for direct D2D communication within the area.); and
forming the communication path via the cell phone and the cellular provider network (Par. 0037-0039; When the mobile wireless device selects another mobile wireless device that is suitable for the task completion as discussed in reference to block 216, the mobile wireless device may provide, at block 218, a request for tethering to the selected wireless device. If the selected mobile wireless device allows tethering, the mobile wireless device may tether to the selected mobile wireless device and connect to the Internet via the tethered-to mobile wireless device for the task completion, as indicated by block 220.).
In view of the above, having the system of Bonnet, then given the well-established teaching of Hassan, it would have been obvious before the effective filing date of the claimed invention to modify the system of Bonnet as taught by Hassan, in order to provide motivation to establish communication paths based on requirements in a network (Par. 0066 of Hassan).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/REDENTOR PASIA/Primary Examiner, Art Unit 2413
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